Metropolitan News-Enterprise

 

Friday, February 8, 2019

 

Page 3

 

C.A. Denies Publication Request; Bedsworth Laments Flood of Reported Decisions

 

By a MetNews Staff Writer

 

Div. Three of the Fourth District Court of Appeal yesterday denied a request that a Jan. 10 opinion be certified for publication, with the justice who authored the opinion bemoaning the glut of decisions that are being officially reported.

Justice William Bedsworth said in an order:

“Our opinion does not meet the standards set forth in California Rules of Court, rule 8.1105(c), and the author is concerned that the burgeoning number of reported decisions has already become a near-unmanageable burden for attorneys.”

Bedsworth said in the Jan. 10 unpublished opinion—Baker v. County of Orange, G053988—that a government employee did not fail to exhaust administrative remedies before suing over his classification (as an engineering technician III rather than a senior project manager) because no effective remedy existed.

The employee, who gained a reversal of a judgment of dismissal following a sustaining of the city’s demurrer without leave to amend, requested an order for publication of the opinion.

 

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